Hatton & Another v. Aktieselskabet Durban Hansen [1918] ScotLR 100 (30 November 1918)

Hatton & Another v. Aktieselskabet Durban Hansen [1918] ScotLR 100 (30 November 1918)

Salvors are entitled to recover the expenses of arresting a salved ship as an initiatory step in an action in rem for salvage, as such arrestment constitutes the proper commencement of proceedings to enforce the maritime lien.

Citation
[1918] ScotLR 100
Parties
Petitioners: Thomas Hatton and Lieutenant J. Dutton; Respondents: Aktieselskabet Durban Hansen
Jurisdiction
Scotland
Judgment Date
30 November 1918
Procedural Posture
Petition for Warrant to Arrest Ship and Cargo (bill Chamber) / Inner House, First Division, on Report From Lord Ordinary
Outcome
Petitioners entitled to recover expenses of arrestment from respondents.
Legal Topics
Salvage, Arrestment, Expenses of Proceedings, Remedies in Rem
Maritime Law Civil Procedure Salvage Arrestment Expenses of Proceedings Remedies in Rem

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Parties

Thomas Hatton and Lieutenant J. Dutton

Petitioners

Aktieselskabet Durban Hansen

Respondents

Procedural Posture

Petition for Warrant to Arrest Ship and Cargo (bill Chamber) / Inner House, First Division, on Report From Lord Ordinary

Legal Issues

  1. 1 Are salvors entitled to recover the expenses of arresting a salved ship as an initiatory step in an action in rem for salvage?

Ratio Decidendi

Salvors are entitled to recover the expenses of arresting a salved ship as an initiatory step in an action in rem for salvage, as such arrestment constitutes the proper commencement of proceedings to enforce the maritime lien.

Court Disposition

Petitioners entitled to recover expenses of arrestment from respondents.

Orders

  • Lord Ordinary directed to find respondents liable to petitioners in the expenses of the proceedings in the arrestment.